Kalilu

ORDER AND AMENDED OPINION

ORDER

The majority opinion filed February 14, 2008, slip op. 1369, and appearing at 516 F.3d 777 (9th Cir.2008), is hereby amended as follows:

With these amendments, the panel has voted to DENY the petition for panel rehearing. No future petitions for rehearing shall be entertained.

OPINION

Abraham Kalilu (“Kalilu”), a twenty-seven-year-old native and citizen of Liberia, seeks review of the Board of Immigration Appeals’ (“BIA”) adverse decision determining that he filed a frivolous asylum application, denying his claims for asylum and withholding of removal, denying his request for voluntary departure, and denying his motion to reopen. Petitioner raises two principal challenges to the BIA’s decision. First, he argues that the BIA’s frivolousness determination cannot be sustained because he was not afforded the required procedural safeguards, including notice and an opportunity to respond. Second, he argues that the BIA abused its discretion in denying his motion to reopen so that he could have an opportunity to pursue adjustment of status on the basis of his marriage to a United States citizen. We have jurisdiction over both of these claims pursuant…